juvenile sentencing

Juvenile Murder Defendants Deserve Individualized Sentencing

On October 22, Attorney Shih filed an amicus brief on behalf of the Boston Bar Association arguing that the automatic imposition of life with the possibility of parole on juveniles without an individualized sentencing hearing violates Art. 26 by precluding consideration of the distinctive characteristics of youth. Given the Supreme Judicial Court’s recent decisions in Lutskov and Perez II, as well as improved scientific understandings of juvenile brain development, “[i]t is a natural progression for this Court to find that art. 26 prohibits the non-discretionary imposition of life with parole for juvenile second-degree murder defendants.” Shih, who also authored the BBA’s brief in Lutskov, said, “We hope the Court will take this moment to recognize recent scientific and legal developments that have improved our understandings of the distinctive characteristics of youth and continue to expand the notion of justice accordingly, to provide the protections constitutionally necessary to ensure that these distinctions are appropriately incorporated into sentencing for juveniles.” Read the brief here.